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The Right to Refuse Treatment: Four Case Studies of Legal Mobilization

Published online by Cambridge University Press:  01 July 2024

Abstract

This is a comparative study of legal mobilization that shows how various patterns of legal representation and layperson participation affect the scope and pace of mobilization. These patterns do not emerge from whole cloth during a particular legal mobilization but rather develop according to preexisting trends of representation and participation.

The author first discusses this analytic framework and then presents four case studies. Ultimately he presents a comparative analysis of these cases to generalize about the relationship between the patterns and the scope and pace of mobilization. He argues that patterns of legal representation and layperson participation are powerful determinants of the style and outcome of legal mobilization.

Type
Research Article
Copyright
Copyright © 1987 The Law and Society Association.

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Footnotes

This material is based upon work supported by the National Science Foundation Grant No. SES-8026590. Eloise Buker and James Primm contributed ably to the study as field researchers. An earlier version of this paper was given at the Law and Society Association meeting, Denver, June 2–5, 1983.

References

References

ALFORD, Robert, and Harry, SCOBLE (1969) Bureaucracy and Participation. Chicago: Rand McNally.Google Scholar
AMERICAN BAR ASSOCIATION COMMISSION ON THE MENTALLY DISABLED (1978) Developmental Disabilities Protection and Advocacy. Washington, DC: American Bar Association Commission on the Mentally Disabled.Google Scholar
BLACK, Donald J. (1973) “The Mobilization of Law,” 2 Journal of Legal Studies 125.Google Scholar
BLUE RIBBON COMMISSION ON THE FUTURE OF PUBLIC INPATIENT MENTAL HEALTH SERVICES IN MASSACHUSETTS (1981) Mental Health Crossroads. Boston: Blue Ribbon Commission.Google Scholar
BOULDER MENTAL HEALTH CENTER (1980) “Mental Health and Law Symposium.” Unpublished. Boulder Mental Health Center.Google Scholar
CHAMBERLIN, Judi (1983) Letter to author (April 29).Google Scholar
CHAMBERLIN, Judi (1978) On Our Own: Patient-Controlled Alternatives to the Mental Health System. New York: Hawthorn.Google Scholar
COLORADO BAR, OFFICE FOR THE MENTALLY DISTURBED (1978) “Representing a Civilly Committed Client.” Unpublished. Denver: Colorado Bar Office for the Mentally Disabled.Google Scholar
COLORADO DEPARTMENT OF INSTITUTIONS, DIVISION OF MENTAL HEALTH (1979) Procedure Manual to Implement the Care and Treatment of the Mentally Ill Act. Denver: Department of Institutions, Division of Mental Health.Google Scholar
CRAIN, Robert L., E., KATZ, and D. B., ROSENTHAL (1969) The Politics of Community Conflict. Indianapolis: Bobbs-Merrill.Google Scholar
FRANK, Leonard (ed.) (1978) The History of Shock Treatment. San Francisco: Leonard Frank.Google Scholar
FRIEDEN, Bernard J., and Marshall, KAPLAN (1975) The Politics of Neglect. Cambridge: MIT Press.Google Scholar
HARRINGTON, Christine B. (1985) Shadow Justice. Westport, CN: Greenwood Press.Google Scholar
HENIG, Jeffrey R. (1982) Neighborhood Mobilization. New Brunswick, NJ: Rutgers University Press.Google Scholar
LEIDIG, Raymond (1979) “Emergency Rules Regarding the Right to Refuse Psychotropic Medications.” Memorandum. Colorado Division of Mental Health, Denver (January).Google Scholar
MADNESS NETWORK NEWS (1980) “Legislation and Litigation,” 6 Madness Network News 19.Google Scholar
MADNESS NETWORK NEWS (1979a) “LAMP,” 5 Madness Network News 21.Google Scholar
MADNESS NETWORK NEWS (1976a) 3 Madness Network News 21.Google Scholar
MADNESS NETWORK NEWS (1976b) “Sleep-in at Governor Brown's Office,” 4 Madness Network News 8.Google Scholar
MADNESS NETWORK NEWS (1975) “The Boston State Seven,” 3 Madness Network News 7.Google Scholar
MADNESS NETWORK NEWS (1974) 2 Madness Network News 11.Google Scholar
MADNESS NETWORK NEWS (1972) “LAMP,” 1 Madness Network News 2.Google Scholar
MAYHEW, Leon (1975) “Institutions of Representation: Civil Justice and the Public,” 9 Law & Society Review 401.Google Scholar
MILNER, Neal (1986a) “The Dilemmas of Legal Mobilization: Ideologies and Strategies of Mental Patient Liberation Groups,” 8 Law and Policy 105.Google Scholar
MILNER, Neal (1986b) “The Symbols and Meanings of Advocacy,” 8 International Journal of Law and Psychiatry 1.Google Scholar
ON THE EDGE (1981) “Drug Campaign,” On the Edge 3.Google Scholar
ON THE EDGE (1979) On the Edge (May).Google Scholar
PATIENTS' RIGHTS ADVOCACY SERVICES OF SAN FRANCISCO (c. 1980) “Providing Rights Protection and Advocacy Assistance …” Unpublished. San Francisco.Google Scholar
PERLIN, Michael (1981) Lecture to seminar at Villanova University Law School, Villanova, PA (April 3).Google Scholar
PERLIN, Michael L., and Walter W., SIGGERS (1976) “The Role of the Lawyer in Mental Health Advocacy,” 4 Bulletin of the American Academy of Psychiatry and Law 204.Google Scholar
RAFFINI, M. (1975) “Concept and Creation of the Elizabeth Stone House.” Unpublished. Elizabeth Stone House, Jamaica Plain, MA.Google Scholar
UNITED STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (1979) Mental Health Advocacy Projects: A Service Delivery Assessment. Washington, DC: DHEW, Office of the Inspector General, Service Delivery Assessment.Google Scholar
WARNER, Richard, and Tiana, YAEGER (1980) “Involuntary Civil Commitment: A Medical Perspective.” Presented at the Mental Health Center of Boulder County, Boulder, CO (April 4).Google Scholar
WESSON, Marianne (1980) “The Privilege against Self-incrimination in Civil Commitment Proceedings,” 1980 Wisconsin Law Review 697.Google Scholar

Cases Cited

Brewster v. Dukakis, No. 76-4423-F (Mass. Dist. Ct. 1978).Google Scholar
Goedecke v. Colorado 603 P.2d 123 (1979).Google Scholar
Jamison v. Larabee No. C-78-0445-WHO (N.D. Cal. 1983).Google Scholar
Mills v. Rogers 102 S.Ct. 2442 (1982).CrossRefGoogle Scholar
Pennhurst v. Halderman 451 U.S. 1 (1981).CrossRefGoogle Scholar
Rennie v. Klein 476 F. Supp. 1294 (D.N.J. 1979).Google Scholar
In re Roe 421 N.E.2d 40 (1981).CrossRefGoogle Scholar
Rogers v. Okin 478 F. Supp. 1342 (D. Mass. 1979).Google Scholar

Statutes Cited

CAL. WELF. & INST. CODE ANN. § 5150, 5325, 5326, 5327 (West 1972); § 5325 (West 1984).Google Scholar
COLO. REV. STAT. § 27-10.5, 110–130 (1973, 1977)CrossRefGoogle Scholar
MASS. GEN. LAWS ANN. ch. 123, § 23, 25 (West 1982).Google Scholar
N.J. STAT. ANN. § 30:4–24.1 (West 1981).Google Scholar